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Sub-licences acceptable, if necessary (23/10)

06/08/2010 - 238 Lượt xem

Sub-licences are considered a barrier for business and investment activities of enterprises. From now to year’s end, the Working group on Enterprise and Investment Laws will entirely check this field, said Tran Huu Huynh, Director of the Vietnam Chamber of Commerce and Industry’s Legal Department. 

How many kinds of sub-licences exist in Vietnam now? 

VCCI’s research shows that Vietnam has had 290 types of sub-licences since 2004. The Ministry of Planning and Investment (MPI) has asked ministries and sectors to list all kinds of licences, numbering over 300 types now. 

We can divide sub-licences into two kinds. The first kind is not regulated in decrees. The names of sub-licences of this kind are very diverse. They are not directly named licence, but instruction, regulations and by-law documents. It is easy to detect this kind of sub-licence and businesses only need to detect them, and authorities will immediately abolish them.  

Sub-licences of the second kind are regulated by ordinances and decrees, which can’t be annulled in terms of legal aspect. Only competent bodies that issue those documents can abolish them. 

What will you do to convene an agency to annul the documents that set sub-licences? 

It is really difficult. If the community of businesses, experts and associations can prove that there is no tool of management to replace that sub-licence, we have to accept it. However, we need a public forum on this, where enterprises and experts discuss whether the interests of the community are still protected without that sub-licence or not. 

How can we do to diminish troublesome formalities for enterprises? 

Firstly, the process to make laws must be public and transparent so we will not have to issue more instruction circulars and decrees. The second is we need to check all effective business licences to see whether they are still necessary or not in the new business conditions. 

Source: Vietnamnet